Srinagar: Less than two months into its tenure, the newly elected Omar Abdullah government in Jammu and Kashmir is reportedly facing differences with the Raj Bhavan over several administrative issues, according to sources in the know.
Following the imposition of central rule in Jammu and Kashmir in 2018, the Governor and subsequently, the current Lieutenant Governor, Manoj Sinha, maintained full administrative powers. However, the dynamics shifted after the elected government assumed office on October 16.
Under laws enacted by Parliament, the Lieutenant Governor (LG) retains authority over All India Service officers and law enforcement, among other responsibilities.
However, recent actions taken by the LG administration have sparked tensions, particularly concerning several transfers of Jammu and Kashmir Administrative Service officers that were ordered while Chief Minister Abdullah was away in Saudi Arabia for pilgrimage.
While some transfers of IAS officers fall within the LG’s jurisdiction, the elected government has voiced strong objections against the transfer of certain Jammu and Kashmir administrative officers ordered by the LG, the sources said.
Another point of contention involves the position of Advocate General D C Raina, who had submitted his resignation prior to the Abdullah government’s formation.
Raina, initially appointed by former Governor Satya Pal Malik in 2018, was allowed to continue in his role to maintain continuity.
However, the status of his resignation remains unclear, although sources indicate that the elected government has consented to his continuation.
Both the Abdullah government and Raj Bhavan are currently awaiting a notification from the Union Home Ministry regarding the rules of business, which is expected to facilitate smoother governance in the region, the sources added.
Amid the growing friction over the division of powers between the Raj Bhavan and the elected government in Jammu and Kashmir, the Union Home Ministry has said that there is no question of overlapping powers as jurisdictions are very clear.
“If seen from the right perspective, there is no overlapping of jurisdiction. The right to appoint the advocate general rests with the Lieutenant Governor under the J&K Reorganisation Act 2019 read with the J&K Reorganisation Amendment Act 2023. There is no way this should be interpreted as any point of friction between the LG and the chief minister.
“The chief minister, as long as he is the CM of J&K as a union territory, should have no confusion about his powers. The chief minister has all the powers except that the prerogative to transfer IAS/IPS officers lies entirely with the LG as does his power over the UT police department. If the LG ordered the transfer of some IAS officers in the interest of administration, why should anybody try to interpret it as overlapping or overstepping of jurisdiction?” a Delhi-based news service quoted sources in the Union Home Ministry as saying.
“LG Manoj Sinha has made it amply clear that he stands to support and work together with the elected government. In fact, it was the tireless effort and commitment of the LG that both Lok Sabha and Legislative Assembly elections were held peacefully and in the fairest manner that ensured that the will of the people was reflected in the elected government that we have in J&K today,” the sources said.
“The LG is constitution-bound to perform his duty as clearly defined in the Reorganisation Act. Yes, there is nothing called absolute power which lies either with the LG or the chief minister. Both are constitutionally elected and appointed offices and each has to perform for the benefit of the people. Anybody trying to create a wedge between the offices of the LG and the chief minister is neither a well-wisher of the people nor of the two offices he/she wants to bring into confrontation,” sources said.
The same sources added that the rules of business are being vetted by the Union Home Ministry and would soon be made public to put at rest all speculations of overlapping of jurisdictions in J&K.
In a nutshell, as long as J&K remains a UT, the members of the council of ministers must understand the limitations put by the Constitution on their right to freely exercise powers when these come into conflict with those vested by the Constitution in the office of the LG. (With inputs from PTI & IANS)
